Legal Opinion

McCarthy v. United States

District Court, N.D. Illinois

Decided May 10, 1983No. 81 C 6009PublishedCited by 2 opinions

1Opinion of the Court

ORDER

BUA, District Judge.

The dispute in this case stems from the filing by an IRS collecting officer of a federal tax lien against all real and personal property of the plaintiff for allegedly unpaid federal estate taxes. The plaintiff individually and as executor of the estate challenges the legality of the lien and seeks to enjoin its enforcement. He also seeks compensatory and punitive damages alleging a deprivation of his Constitutional rights. The ease is now before this Court on the defendants’ motion for summary judgment in which defendants have raised a number of immunity and…

2Cases cited18 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Parratt v. TaylorSupreme Court of the United States · 1981
  4. Enochs v. Williams Packing & Navigation Co.Supreme Court of the United States · 1962
  5. Phillips v. CommissionerSupreme Court of the United States · 1931

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3Cited by2 opinions

  1. Andrews v. CrumpDistrict Court, W.D. North Carolina · 1996
  2. Davidson v. CommissionerDistrict Court, S.D. New York · 1984

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